PRIVACY POLICY
Date of last update: 10th April 2023
INTRODUCTION
Blue Dusk Limited (the “Company,” “we,” “us” and “our”), respects the privacy rights of our users and is committed to protecting the information collected through our products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts (collectively the “Online Services“).
This privacy policy (the “Privacy Policy“) explains what personal data we may collect about you when you use or access the Online Services and how we collect, store, disclose, transfer, protect, and otherwise process that information for the purposes of operating and providing the Online Services.
The Company is the controller responsible for your personal data processed under this Privacy Policy.
Unless defined herein or the context requires otherwise, terms used in this Privacy Policy have the meanings given to them in the General Data Protection Regulation (GDPR) (EU) 2016/679.
PLEASE READ THIS PRIVACY POLICY CAREFULLY IN FULL. BY ACCEPTING ITS TERMS, YOU AGREE THAT WE MAY PROCESS YOUR PERSONAL DATA IN ACCORDANCE WITH ITS TERMS [INCLUDING (WITHOUT LIMITATION) THAT WE MAY TRANSFER, PROCESS, AND STORE YOUR ACCOUNT INFORMATION IN THE UNITED STATES OF AMERICA AND OTHER COUNTRIES THAT MAY HAVE DIFFERENT PRIVACY PROTECTIONS THAN YOUR COUNTRY].
THIS PRIVACY POLICY SUPPLEMENTS (AND ITS TERMS ARE IN ADDITION TO): (I) ANY OTHER TERMS OF USE, END USER LICENSE AGREEMENTS, LIMITED SOFTWARE WARRANTIES OR OTHER TERMS AND CONDITIONS BETWEEN YOU AND THE COMPANY (INCLUDING ANY OTHER PRIVACY NOTICE(S)); AND (II) ANY PRIVACY DISCLOSURES PROVIDED TO YOU WITH YOUR SOFTWARE PRODUCT AND/OR BY YOUR CONSOLE MANUFACTURER.
We reserve the right to make changes to this Privacy Policy in order to reflect any changes in data protection laws or our internal policies. We will endeavour to notify you of such changes but, in accepting these terms, you hereby undertake to regularly check for an updated version of this document at: bluedusk.io/recurse-demo/privacy.html for as long as you use the Online Service. If necessary, we will give you additional choices regarding such changes. As far as permitted by applicable law, your continued use of the Online Services will signify your acceptance of these changes and the Privacy Policy as amended from time to time.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
WHO THIS PRIVACY POLICY APPLIES TO
This Privacy Policy applies to all users of our Online Services.
WHAT DOES THIS PRIVACY POLICY APPLY TO?
This Privacy Policy applies to the Company’s Online Services, websites, mobile applications, and other services that link to it or display it. In addition, the Company may also own several other domain names that relate to its labels, feature its products, or point to its websites, and we may from time to time add new sites and services.
Please note that this Privacy Policy applies only to information submitted and collected online through the Online Services and does not apply to information that may be collected by the Company offline. For the avoidance of doubt, this Privacy Policy does not apply to websites or services maintained by third parties (whether or not as those websites or services promote the Company’s products and services or sell related items) and, other than where it is the controller, the Company cannot and does not guarantee the security of any personal data by third parties.
In addition, please note that we may hire vendors (agents or contractors) to collect personal data on our behalf and in such cases such vendors will be required to comply with this Privacy Policy (unless you accept separate privacy terms with them, in which case this Privacy Policy will apply in addition to those terms and, in the event of any conflict, the terms of this Privacy Policy will prevail as between you and the Company).
In most cases, we avoid collecting personal data about you. Normal use of our services involves the collection of anonymized data for product maintainance and improvement purposes, in other words for usage analytics.
In rare cases, we may collect some personal data about you, if you provide such data when you:
- Subscribe to newsletters or alerts;
- Participate in polls, surveys, and questionnaires;
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
WHAT GAMEPLAY INFORMATION DOES THE COMPANY COLLECT?
When you use products or services on internet-capable hardware, the Company may receive information regarding your gameplay without any additional notice to you or actions taken by you. The Company will not receive personal data such as your name and address, but may receive other information such as a console ID, gaming service ID, game achievements, game scores and performance, IP address, MAC address, or other device ID, other console/device use information, or other information and statistics regarding your usage of the games.
Information about gameplay may be collected while you are offline and transmitted to the Company when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld, mobile device, computer, or other gaming platform.
The Company may combine the information with your personal data and use such information as set forth in this Privacy Policy whether or not you register for or use the Online Services. The Company may also monitor gameplay information by automated means to ensure that software and services are used in accordance with applicable policies. The Company reserves the right to terminate your license if you violate these policies.
SPECIAL NOTES ABOUT CERTAIN INFORMATION THE COMPANY COLLECTS
1. Aggregated data: We may collect and use aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature. If and when we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
2. Public Information Including Message Boards, User Generated Content, Forums, News Blogs, Comments, User Profiles and Chat Rooms: Whenever you give out personal data in public areas such as on a message board, chat room, comment field, or profile page, that information can be collected and used by other people. Information that you disclose in any of these forums is public information. You should be aware that any personal data you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used for any purpose (for example, to send you unsolicited messages). Accordingly, to the fullest extent permissible by law, we shall have no responsibility for the controlling or processing of such data. If you post a video, image, photo, or other content through an Online Service for public view, you should be aware that these may be viewed, collected, copied, and/or used by other users without your consent. Therefore, you are strongly encouraged not to disclose personal data while using our services.
3. E-mail Correspondence:
We may provide e-mail addresses or forms to which visitors can send us questions or comments, or which visitors can use to request customer support. In the process of receiving and responding to such requests, we may collect personal data about you, such as your name, e-mail address or any other personal data contained in the body of your e-mail message. We only use such information for the purpose of responding to or dealing with your questions and/or comments or to provide customer support. In most cases, your message is deleted immediately after we’ve resolved your inquiry; however, in some instances, copies of your requests may be kept on file for our records, for quality control purposes, or to provide ongoing support services you have requested.
If we have actual knowledge that the person with whom we’re communicating is a child under the age of thirteen, we delete the child’s e-mail address and message immediately after responding.
4. Children. The Company does not knowingly collect personal data from children under 13 years old (or older, if applicable law provides for different protections). If we become aware that a child has submitted information to the Company, we delete this information immediately. We encourage parents and guardians to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet.
WHAT HAPPENS IF I REFUSE TO PROVIDE MY PERSONAL DATA?
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
Whilst we may be able to provide you with certain products and services notwithstanding your refusal to submit personal data, this may limit your ability to participate in some activities or features or your use of certain Online Services.
As described in this Privacy Policy, we obtain certain information from third parties or public sources and we may process that information where it is an essential component of the services we offer you and other users.
DO YOUR ONLINE SERVICES USE COOKIES, TRACK IP ADDRESSES, OR USE OTHER PASSIVE MEANS TO COLLECT INFORMATION?
The Company uses cookies, web beacons, and similar tracking devices for certain Online Services to collect information. If you choose to provide us with personal data, it may be linked to the information collected by these technologies. Our system may not respond to Do Not Track requests or headers from some or all browsers.
Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user’s computer. Our cookies are typically used to quickly identify a user’s computer, browser, or device and to “remember” things about prior visits (such as the user’s use of various features on the service). You can disable cookies or set your browser to alert you when cookies are being sent to your computer; however, disabling cookies may affect your ability to use certain Online Services. On your mobile device, you may adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
Web Beacons: A “web beacon” is an electronic image that allows websites to count users who have visited certain pages or viewed certain advertisements.
Internet Log Files: The Company may also keep track of IP addresses used to access its Online Services for various reasons. An IP address is a number that is used by a networked device and will identify your point of connection to the internet. Depending on your network configuration, it may also identify your computer, or other device. A MAC address or other device ID identifies one specific piece of hardware. These log files are tied to your personal data in certain circumstances, such as if you have linked your console user account to Online Service accounts offered by the Company.
Analytic Metrics Tools and Other Technologies: Other information that may be passively collected by the Company includes log files that record information about your hardware, product use, service use, or website use, including website navigation and game telemetry activity. We also use these log file entries for our internal marketing, service design, technical support, and demographic studies, so we can constantly improve the Online Services we provide you.
HOW IS MY PERSONAL DATA USED?
Your personal data collected or processed under this Privacy Policy is used by the Company for the purposes of:
- personalising content;
- sending you promotional materials;
- providing you with access to our products and services;
- fulfilling product orders;
- responding to questions, comments or technical problems;
- market research and demographic studies;
- carrying out other business activities in circumstances where you have, or ought reasonably to have, an expectation that we will process your personal data for a particular purpose (including the fulfilment of any arrangements or agreements between us).
From time to time, the Company may employ vendors to perform services on the Company’s behalf. These vendors provide internal support to the Company by operating some of the services we provide you such as contest entry collection and email services. Although these vendors, not the Company, may collect, use, or maintain the information in connection with the Online Services, the Company still requires that they adhere to the Company’s stated privacy policies and that they not share your personal data with third parties or use the information for their own marketing purposes.
CONSENT
By accepting the terms of this Privacy Notice, you give the Company your express, freely given consent to process any of your personal data which the Company collects in accordance with this Privacy Policy for the purposes identified in this Privacy Policy.
You may withdraw your consent given under this section at any time by contacting [email protected] The withdrawal of your consent shall not affect the lawfulness of processing based on consent before withdrawal.
Without prejudice to the general consent given by you by your acceptance of this Privacy Policy or our other lawful grounds for processing your personal data, we may ask you for consent on a case-by-case basis to collect or use your personal data for specific purposes, such as when we want to inform you by email about special offers or competitions.
WHAT IS THE LEGAL BASIS FOR THE PROCESSING OF MY PERSONAL DATA?
The Company may process your personal data:
In accordance with your express consent given under the section above titled “Consent” for the purposes identified under the section above entitled “How is my personal data used?”.
Where such processing as is necessary in order to perform any agreement between us or comply with any legal obligation.
Where such processing is necessary for the purposes of the legitimate interests pursued by us or third parties. These legitimate interests include those identified under the section above entitled “How is my personal data used?” as well as:
- Our internal administrative purposes;
- Providing you with our products and services, including the Online Services;
- Personalizing content we send you; and
- Where you may have a reasonable expectation that we will process your personal data for a particular purpose.
WITH WHOM DOES THE COMPANY SHARE MY INFORMATION?
The Company may also share your personal data with third parties as described in this Privacy Policy. The Company may share your personal data to fulfil a request you have made, such as signing up for an email list or requesting customer support. In the event we offer services or promotions where your personal data is separately collected and used according to the privacy policy of a third party, we will inform you of that at the time of collection and you may elect not to participate in the service or promotion.
We may share your personal and other information with third parties in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability, including as required by law enforcement or other government officials. We also may share your personal and other information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users, or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate, or enforce our policies, terms, and conditions, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on the Company. In addition, your personal and other information may be disclosed to a potential or actual successor or assigned in connection with a proposed or consummated merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of the Company.
We also use third parties for various services related to the Online Services, including customer support, technical support, contest data collection, and email fulfilment. When you enter a contest or sign up to receive a newsletter, for example, we may share your personal data as necessary for third parties to provide services on our behalf. These third parties are not permitted to use such information for their own marketing purposes.
HOW YOU CAN UNSUBSCRIBE FROM MAILINGS
If you do not want to receive certain communications such as newsletters or promotional offers, you may decline consent at the time your personal data is collected or later opt-out by using the methods provided in our communications.
YOUR RIGHTS AS A DATA SUBJECT
Data we collect as part of normal game use and interactions is not personal data. We collect anonymized app use and gameplay data for analytics purposes. However, if you email us, request support, join a mailing list or sign up to promotional offers your personal data will be collected as a result.
Subject to any conditions or requirements set out in the GDPR or other applicable law or regulation, the Company hereby informs you that you may have the following rights in relation to the personal data we hold about you:
- the right to request a copy of your personal data held by us;
- the right to correct any inaccurate or incomplete personal data held by us;
- the right to request that we erase your personal data;
- the right to request that we restrict the processing of your data (as set out in the GDPR);
- the right to have your personal data transferred to another organisation;
- the right to object to certain types of processing of your personal data by us; and
- the right to complain (please see the final section of this Privacy policy).
In order to make an enquiry about any of these rights please email [email protected]
Please indicate your country of residence in your correspondence.
DATA RETENTION
Without prejudice to your right to ask us to erase your personal data, we will retain your information only for as long as your account is active, as needed to provide you services, or to administer our services. If you wish to cancel your account or request that we no longer use your personal data to provide you services, contact us as described above. We may still retain some of your information in our files for a reasonable period of time to resolve disputes, enforce our user agreement, administer our services, comply with technical and legal requirements, and/or other constraints related to the security, integrity, and operation of our Online Services, after which we will take steps to delete or archive it.
WHAT IS YOUR POLICY REGARDING LINKS TO OTHER SITES?
You should be aware that while you are on our websites you could be directed to other sites that are beyond our control. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. Because we cannot guarantee that the privacy policies of these websites meet our high standards, we recommend reading the privacy policy of the website you link to before you submit any of your personal data.
WHAT SAFEGUARDS ARE USED TO PROTECT MY PERSONAL DATA?
To protect your personal data, the Company follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. The Company has security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. Personal data collected by the Company is stored in secure operating environments that are not available to the public. To prevent unauthorized electronic access to personal data, the Company maintains information collected online behind a firewall-protected server and uses SSL encryption whenever applicable.
However, no system can be 100% secure and, to the fullest extent permitted under applicable law, we assume no liability for unauthorized access to your information.
Notwithstanding the foregoing, we will notify you as soon as reasonably practicable if we have reason to believe that there has been a personal data breach by us which could adversely affect your rights and freedoms.
TRANSFER OF YOUR INFORMATION TO OTHER COUNTRIES
Information collected or received by the Company in connection with the Online Services may be transferred to other countries and jurisdictions within the EEA or which the EU Commission has approved as having an adequate level of protection.
Where we use providers based in the USA, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the USA.
HOW DO I ASK A QUESTION OR FILE A COMPLAINT?
For all questions or complaints about this Privacy Policy, we would appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance by contacting [email protected] If you are a Blue Dusk Services user located in the European Union, please indicate that in your email or letter.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
Blue Dusk Limited 2023-04-10